How Does Texas View the No-Damages-for-Delay Clause?
The New York Supreme Court recently reinforced the limitations on delay damages in construction contracts. Texas likewise enforces No-Damages-for-Delay clauses in construction contracts, allowing parties to contractually bar monetary claims for delays. However, Texas recognizes important public policy exceptions.
Texas Supreme Court Clarifies Proximate Cause in a Catastrophic Highway Accident – Werner Enterprises, Inc. v. Blake
Casey Erick lists key takeaways from the June 2025 Texas Supreme Court opinion that clarified proximate cause in a catastrophic highway accident, including the requirement of a "Substantial Factor," the bar for negligence, and in this case - absence of derivative or direct employer liability.
Settlement Agreements Can Be Held Nondischargeable Debts in Bankruptcy
Prior to filing bankruptcy, a debtor settled an assault claim by agreeing to pay the victim/creditor in installments -- up to a point. Bill Siegel looks at Hilgartner v. Yagi (In re Hilgartner) and whether collection costs and interest are dischargeable
Massage Facility Franchisor Has No Liability to Sexual Assault Victim of Franchisee’s Employee – Texas Supreme Court Rules
The Supreme Court of Texas per curiam opinion reversed a Houston Fourteenth Court of Appeals decision in part - concerning a massage facility's franchisor and potential liability for alleged assault by the franchisee's employee.
Understanding Spoliation of Evidence in Construction Litigation – Part 2
Concluding a two-part series, Hunter Ralston explains the Texas Residential Construction Litigation Act (TRCLA) considerations, best practices for evidence preservation, and the importance of legal counsel.
Protecting Your Case: Understanding Spoliation of Evidence in Construction Litigation
When construction disputes arise, the evidence often tells the story. Hunter Ralston explains the importance of spoliation of evidence - and its applications in construction litigation.
Dram Shop Case: Supreme Court of Texas Affirms Summary Judgment for Restaurant; Addresses Sufficiency of Intoxication-Related Evidence
The Raoger Corporation opinion is instructive as a reminder of the evidentiary burden of proof placed on a plaintiff attempting to hold a commercial establishment liable for allegedly over-serving the patron plaintiff with alcohol.
Supreme Court of Texas Statistics for 2024
Every Spring, Appellate attorney Mike Northrup provides his statistical analysis of the Supreme Court of Texas for the prior year. Here are his findings for 2023.
Fifth Circuit Reiterates: Prove the Existence of a Trade Secret
A recent Fifth Circuit Court of Appeals decision reiterates the need to prove the existence of a Trade Secret first.
Article III Judges and Shakespeare – “First, Let’s Kill All the Lawyers”
At the recent Western Alliance Bank Class Action Law Forum, panelist Judges Gee and Bencivengo cautioned: extreme measures may bring society to the brink of absolute intolerance and potential increased violence.
